This Act was repealed on 2015-08-14 by Urban and Regional Planning Act, 2015.
This is the version of this Act as it was when it was repealed.
- Is repealed by Urban and Regional Planning Act, 2015
- Is amended by Housing (Statutory andImprovement Areas) (Amendment) Act, 2010
Housing (Statutory and Improvement Areas) Act, 1975
- Commenced on 1 June 1975
- [This is the version of this document as it was at 31 December 1996 to 18 November 2010.]
- [Repealed by Urban and Regional Planning Act, 2015 on 14 August 2015]
Part I – Preliminary
1. Short titleThis Act may be cited as the Housing (Statutory and Improvement Areas) Act.
2. ApplicationNotwithstanding anything to the contrary contained in any written law, the provisions of any such law, in so far as they are inconsistent with the provisions of this Act, shall not apply to any land comprised in a Statutory Housing Area or in an Improvement Area.
3. InterpretationIn this Act, unless the context otherwise requires—"certificate of title" or "council certificate of title" means certificate of title to land issued in accordance with the provisions of this Act;"charge" means any charge created on land for the purpose of securing the payment of money and also the document by which the charge is created;"chargee" means the person in whose favour the charge is created, and includes the person for the time being entitled to the benefit of such charge;"council" means a municipal council, township council, rural council or any other council established under the Local Government Act;[Cap. 281]"court" means any Subordinate Court;"dealing" means any transaction of whatever nature affecting land;"document" means a document of lease or grant under which a council derives any leasehold interest in respect of land situated in a Statutory Housing Area or in an Improvement Area, and includes any other document referred to in this Act;"dwelling" means any building or structure or part of any building or structure designed to operate or to be used as living accommodation, and includes any yard or garden appurtenant thereto or enjoyed therewith;"grant" means a grant of land for a term of years certain made to a council for the purposes of this Act;"improvement" includes a building or any other structure of whatever kind on land;"Improvement Area" means any area of land declared as such in accordance with the provisions of this Act;"land" means—(a)in relation to Parts II to VII inclusive, land within a Statutory Housing Area;(b)in relation to Part VIII, land within an Improvement Area; and(c)where applicable, in relation to Part IX, land within a Statutory Housing Area or in an Improvement Area, as the case may be;and in any such cases includes anything attached to the earth or permanently fastened to anything which is attached to the earth, but does not include any mineral right in or under or in respect of any such land;"let" includes transfer, sub-letting or parting with possession;"memorial" means the entry signed by the council registrar on a council certificate of title embodied in the council register in respect of any document presented for registration;"minor" means a person who has not attained the age of twenty-one years;"mortgage" includes a charge and the document creating such charge;"National Housing Authority" means the National Housing Authority established under the National Housing Authority Act;[Cap. 195]"register" or "council register" means the register of titles to land to be kept and maintained in accordance with the provisions of this Act;"registrar" or "council registrar" means the person appointed as such by a council and includes an assistant registrar and any other person appointed to act in either of such capacities;"registry" or "council registry" means the registry of any council where the documents required or permitted to be registered by or under this Act may be registered;"Statutory Housing Area" means any area of land declared as such in accordance with the provisions of this Act;"Surveyor-General" means the Surveyor-General appointed under the provisions of section four of the Land Survey Act;[Cap. 188]"testator" includes a person dying intestate;"transfer", used in connection with land, means the passing of such land or any interest therein, by act of the parties rather than by operation of law;"transferee" means a person to whom a council certificate of title has been issued under this Act, or to whom an occupancy licence has been issued in accordance with the provisions of this Act;"transmission", used in connection with land, means the passing of such land or any interest therein by operation of law.
Part II – Statutory Housing Areas
4. Declaration of Statutory Housing Areas
5. Subdivision and letting of land in Statutory Housing Areas
6. Land comprised in grantsAfter the commencement of this Act, and notwithstanding anything to the contrary contained in any written law, all the land which is comprised in any grant made to a council for the purposes of this Act shall be subject to the provisions of this Act, and shall not be capable of being transferred, transmitted, mortgaged, charged or otherwise dealt with except in accordance with the provisions of this Act, and any attempt to transfer, transmit, mortgage, charge or otherwise deal in the same except as aforesaid shall be null and void.
7. Council certificate of title
8. Council certificate of title to be conclusive evidence of interest in land
9. Registered encumbrances to be noted on council certificateThe council registrar shall note upon every certificate of title, in such manner as to preserve their priority, the memorials of all unsatisfied mortgages, leases and other estates and interests to which the land is subject at the time of issuing such certificate, and any documents dealing with such estates or interests; and in the case of a certificate of title issued to any person under a legal disability, the council registrar shall in such certificate also state the particulars of such disability as far as he has notice or knowledge thereof.
10. Interest outstanding at time of issue of certificateAll estates and interests affecting the land of a registered transferee at the time of the issue of a council certificate of title shall, so far as the same are disclosed upon application or can otherwise be ascertained, be entered on such certificate and in the register in such manner as to preserve their priority.
Part III – Registration of titles
11. Register of titlesIn every council where there is a Statutory Housing Area or Improvement Area, there shall be a registrar who shall keep and maintain a register to be called the register of titles, and shall file therein all copies of all grants and of all certificates of title issued under this Act. Each grant and the relative certificate of title shall constitute a separate folio of such register and the registrar shall record therein the particulars of all the documents, dealings and other matters by this Act required or permitted to be registered or entered in the register, affecting land contained in each grant and certificate of title.
12. Presentation book
13. When documents deemed to be registered
14. Priority determined by registration and not by execution
15. Memorial of registrationEvery memorial entered in the register shall be signed by the registrar and shall state the nature and number of the document to which it relates, the date and time of presentation of such document for registration, and the names of the parties thereto.
16. Unregistered document invalidAny document which is required to be registered under the provisions of this Act and is not so registered shall be null and void:Provided that nothing herein contained shall apply to the case of any person who has notice of any such document.
17. Registrar may refuse to register documentNo registrar shall register any document purporting to transfer or affect any land unless such document is in accordance with the provisions of this Act and relates to land which is situated within the jurisdiction of the council of which he is registrar.
18. TranslationsIf any document presented for registration is not in the English language, it shall be accompanied by an English translation of the same duly certified by a competent person.
19. Registry open for searchEvery council register may be searched and examined by anyone and certified copies of any entry therein may be obtained upon payment of such fees as may be prescribed.
20. Official certificates of search
21. Indemnity of officers of registryThe council registrar shall not be liable for any act done or omitted to be done in good faith in the exercise or purported exercise of the powers conferred upon him by or under this Act.
22. Form of transferEvery document purporting to transfer land or any interest therein shall be in the prescribed form.
23. Form of mortgageEvery mortgage or transfer of mortgage executed in respect of any land to which this Act applies shall be in the prescribed form.
24. Mortgage by deposit of documents
25. TransmissionAny personal representative or guardian claiming to be entitled to any land or interest therein by virtue of any transmission may make application in writing to the registrar to have such transmission registered.
Part IV – Caveats
26. Caveat against dealing with landAny person—
27. Particulars to be stated in caveat
28. Service of notices as to caveatsEvery notice relating to a caveat and any proceedings in respect thereof if served at the place appointed in the caveat, or forwarded through the Post Office by registered post addressed as aforesaid, shall be deemed duly served.
29. Effect of caveat against dealingsSo long as a caveat remains in force, the registrar shall not make any entry on the register having the effect of charging or transferring or otherwise affecting the land or interest protected by such caveat:Provided that nothing herein shall prevent the completion of the registration of any document which has been accepted for registration before the receipt of the caveat.
30. Notice of caveat to be given to persons affectedUpon receipt of any caveat, the council registrar shall notify the same to the registered transferee or other person against whose title to deal with land or other interest such caveat has been lodged. Such notification may be sent by ordinary prepaid post addressed to the person to be notified at his address as shown in the register or, if there be no such address, by affixing the same on some conspicuous part of the registry premises for not less than seven days.
31. Removal of caveat and compensation
32. Caveat may be withdrawnAny caveat may be withdrawn by the caveator or by his attorney or agent under a written authority, and either as to the whole or any part of the land affected, or the consent of the caveator may be given for the registration of any particular dealing expressed to be made subject to the rights of the caveator.
Part V – Rectification of titles: cancellation of entries and correction of documents
33. Wrongful or fraudulent entries or retention of documents
Part VI – Trusts
34. No entry of trusts to be made on register except those specially authorised
35. Vesting in new trusteesSection 12 of the Trustees Act, 1893, of the United Kingdom, shall not apply to land falling under the provisions of this Act, but whenever a new trustee is appointed to perform any trust in relation to such land, the person or persons in whom the legal interest in the land or the estates or interest comprised in such trust is vested shall forthwith transfer the same jointly to the persons who are the trustees as the result of such appointment.
Part VII – Special powers and duties of Registrar
36. Powers of RegistrarIn addition to any other powers conferred upon him under this Act, every registrar may exercise all or any of the powers following, that is to say:
Part VIII – Improvement Areas
37. Declaration of Improvement Areas
38. Subdivision and control of Improvement AreasSubject to the provisions of this Act, and notwithstanding anything to the contrary contained or implied in any written law or any document, a council may in an Improvement Area, with the approval of the Minister—
39. Occupancy licence
Part IX – Miscellaneous
40. Construction of buildings in Statutory Housing Areas or Improvement Areas
41. Attestation of signaturesEvery signature to any document required or permitted to be registered under this Act shall be attested by the registrar.
42. No dealing with land except with the council's consentNo registrar shall register any document purporting to transfer, deal in or affect any land unless the council in whose jurisdiction such land is situated is a party to the transaction recorded therein or has signified its consent to any such transaction.
43. Loss of certificate of titleIn the event of a certificate of title being lost or destroyed, the transferee of the land to which such certificate of title relates may make a declaration, stating to the best of his knowledge and belief the facts of the case and the particulars of all transactions affecting such land or the title thereto, and the registrar, if satisfied as to the truth of such declaration, may issue to the transferee a provisional certificate of title in respect of such land:Provided that the registrar shall, before issuing such provisional certificate, give at least thirty days' notice in the Gazette of his intention so to do.
44. OffencesA person shall be guilty of an offence under this Act if he—
45. PenaltiesUnless otherwise expressly provided in this Act, any person found guilty of an offence under this Act shall be liable to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding two years, or to both.[As amended by Act No. 13 of 1994]
46. Registrar may submit special caseThe council registrar may submit for the decision of the court any question arising under this Act.
48. Certain Acts not to apply to Statutory Housing Areas or Improvement AreasThe Acts set out in the Schedule shall not apply to any piece or parcel of land to which this Act applies.
History of this document
14 August 2015
Repealed by Urban and Regional Planning Act, 2015
19 November 2010 amendment not yet applied
01 June 1975
|Statutory Housing Area (Kansuswa Stages A, B, C and D) (Declaration) Order, 1983||Statutory Instrument 35 of 1983|
|Statutory Housing Area (Lukanga) (Declaration) Order, 1980||Statutory Instrument 34 of 1980|
|Statutory Housing Area (Matero-Site I) (Declaration) Order, 1984||Statutory Instrument 28 of 1984|
|Statutory Housing Area (Pamodzi) (Declaration) Order, 1983||Statutory Instrument 45 of 1983|